Question Detail: I had an accident. I called the police. They didn’t see me driving
but I was taken into custody for driving under the influence. Can I claim
that I wasn’t driving and the driver fled?
Answer: Remember that the government must prove beyond a reasonable doubt that
you were driving or in actual physical control of a vehicle. This is usually
accomplished through witness testimony. If they have no witness or the
witness can be effectively attacked, that may be one possible defense.
Don’t assume however that if there is a witness that all is lost.
Hire an aggressive attorney to get your best defense.